This information is provided for the site www.officinaeleatica.it(Site) owned by Officina Eleatica Natural cosmetics of Gloria Alfano, based in Via XXIV Maggio 77, Chamber of Commerce of Salerno, with VAT no. 05968630656 (Seller)
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (art. 45 et seq.) of Legislative Decree 6 September 2005, n. 206(Consumer Code) and by Legislative Decree 9 April 2003, no. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Terms and Conditions of Sale may be amended at any time. Any changes and/or new conditions will be in force from the moment they are published on the Site. You are therefore invited to access the Site regularly and to consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.4 The General Conditions of Sale applicable are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links. You should check their terms and conditions of sale before doing business with them. The Seller is not responsible for the provision of services and/or the sale of products by such parties. The Seller does not control and/or monitor the websites that can be consulted through these links. The Seller is therefore not responsible for the contents of such sites or for any errors and/or omissions and/or violations of law by the same.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchasing on the Site
- is allowed both to users who are consumers and to users who are professionals. Pursuant to Art. 3, I paragraph, letter. a) of the Consumer Code, it is recalled that the quality of consumer is the natural person acting for purposes unrelated to the business, commercial, professional or craft eventually carried out, while under Art. 3, paragraph I, letter c) of the Consumer Code, the quality of professional is the natural person or legal entity acting in the exercise of its business, commercial, craft or professional activity, or its intermediary.
2.2 To avoid hoarding, no more than 50 pieces of the same item may be purchased within the same order.
2.3 In the case of orders, from whoever they come from, that are anomalous in relation to the quantity and/or frequency of the purchases, the Seller reserves the right to take all necessary actions to put an end to the irregularities.
2.4 The Seller reserves the right to refuse or cancel orders that come from:
- by a user with whom the Seller is in legal dispute
- by a user who has previously violated the General Conditions of Sale
- by a user who has been involved in crimes
- by a user who has provided false, incomplete or inexact identification data, or who has not promptly sent the Seller the documents requested by the same or who has sent invalid documents.
Art. 3. Information directed to the conclusion of the contract
3.1 In accordance with Legislative Decree 9 April 2003, no. 70 laying down provisions on electronic commerce, the Seller informs you that:
- to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site
- the contract is concluded when the order form reaches the Seller’s server
- once the order form has been received, the Seller will send you an order confirmation to the e-mail address you have indicated, containing:
- information relating to the characteristics of the purchase
- an indication of the price
- an indication of the means of payment used
- an indication of the delivery costs
- an indication of the delivery period
- an indication of the delivery charges and any additional costs
Art. 4. Information sheet
4.1 Each product is accompanied by an information page that illustrates its main characteristics(Information Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colours of the Products, however, may differ from the actual colours due to the settings of the computer systems or computers you use to view them. In addition, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images should therefore be understood as indicative and within the tolerances of use.
Art. 5. Prices
5.1 All prices of the Products published on the Site are inclusive of Value Added Tax.
5.2 The Seller reserves the right to change the price of the Products, at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (upwards or downwards) following the transmission of the order.
5.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to send it.
Art. 6. Purchase orders
6.1 The Seller will ship the Products only after receiving confirmation of the authorization of payment or the crediting of the Total Amount Due. Ownership of the Products shall pass to you at the time of shipment, which shall be deemed to be the time of delivery of the Product to the carrier. The risk of loss of or damage to the Products due to causes not attributable to the Seller shall pass to you when you or a third party appointed by you other than the carrier take physical possession of the Products.
The Service you have chosen will be performed only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is determined that you have not paid all or part of the Total Amount Due.
6.2 The purchase contract is resolutively conditional on non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order will be cancelled accordingly.
6.3 In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by checking the appropriate box on the pages of the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.
Art. 7. Payment methods
7.1 The following payment methods are allowed on the Site:
- Credit card (PayPal)
7.2 The Seller accepts the credit cards of the circuits:
- MasterCard (Cirrus Maestro)
- American Express
The charge will be made only after :
- the details of your payment card used for the payment have been verified, and
- the issuer of the payment card used by you will have issued the debit authorization.
In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site during the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time the order is transmitted.
7.3 On the Site it is possible to make purchases also through the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to this account.
In the case of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the time of conclusion of the contract through the Website. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to you will be credited to your PayPal account. The crediting time to the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the crediting order has been placed in favour of such account, the Seller cannot be held responsible for any delays or omissions in the crediting of the refund amount, in order to dispute such delays or omissions you must contact PayPal directly. Any refund to be made pursuant to these Terms and Conditions will be credited to your PayPal account.
Art. 8. Right of withdrawal
8.1 In the event of purchase on the Site, unless otherwise indicated, you do not have the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, sealed goods are sold on the Site that are not suitable for return for reasons of hygiene or health protection.
Art. 9. Legal Warranty
All the Products sold on the Website are covered by theLegal Guarantee of Conformity provided for by articles 128-135 of the Consumer Code(Legal Guarantee).
To whom it applies
The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to the entrepreneurial, commercial, craft or professional activity.
The Seller shall be liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proven otherwise, it shall be assumed that the lack of conformity which becomes apparent within six months from delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will be the consumer’s burden to prove that the lack of conformity already existed at the time of delivery of the same.
In order to benefit from the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It ‘should, therefore, that the consumer, for the purposes of this evidence, keep the purchase invoice or any other document that can attest to the date of purchase (for example, the statement of payment card) and the date of delivery.
In the event of termination of the contract, the Seller shall refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.
The Seller shall not be liable in case of damages, of any nature whatsoever, deriving from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.
If you have made the purchase as a “professional” in accordance with the provisions of the Consumer Code, the preceding paragraphs of this article do not apply. Your purchase on the Site will be subject to the legal guarantee provided by art. 1490 c.c.
Art. 10. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
10.2 We remind you that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the competent court is the place where the user resides or has elected domicile. In the case of professional users, any dispute relating to the application, execution and interpretation of this document shall be settled by the Court where the Seller has its registered office, pursuant to the provisions of Article 1 above.
10.3 Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who has the status of consumer under Art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Sales Conditions (ADR bodies, as indicated in art. 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute.
10.4 The Seller also informs the user who has the status of consumer under art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes has been established (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer can consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he is involved.
10.5 In any case, the consumer user’s right to bring an action before the competent ordinary judge in the event of a dispute arising from these General Conditions of Sale is not affected, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
10.6 The user, who resides in a member state of the European Union other than Italy, may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) n. 861/2007 of the Council of 11 July 2007, provided that the value of the claim does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulations can be found at www.eur-lex.europa.eu.
Art. 11. Customer service and complaints
You may request information, send communications, request assistance or make complaints by contacting the Seller in the following ways:
- by email, to the following address: [email protected]
- by phone at the following number: 3293297282.
The Seller will respond to complaints made within 4 days of receipt.